CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft.
CASA or its predecessors issued AD/PA-25/38 affecting Piper PA-25 aircraft with wing fuel tanks to a New Zealand Airwork modification. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on
20 November 2008. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety of air navigation and the regulation of civil aviation within Australia, authorises the Governor-General to make regulations under section 98, which are further elaborated in the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products under regulation 39.001, with these directives classified as disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act and its associated regulations are integral in ensuring compliance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. In alignment with these international obligations, CASA has taken the action to cancel AD/PA-25/38, which affected Piper PA-25 aircraft with wing fuel tanks modified to a New Zealand Airwork standard, effective from 20 November 2008, without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 establish the framework under which airworthiness directives (ADs) are issued in Australia. Specifically, regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of ADs aligns with international standards under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry must ensure the ongoing airworthiness of individual aircraft. CASA's role includes reviewing and cancelling ADs when necessary, as demonstrated by the recent cancellation of AD/PA-25/38 for Piper PA-25 aircraft with wing fuel tanks modified to the New Zealand Airwork standard. This cancellation, effective from 20 November 2008, does not require a replacement AD and has been determined not to necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance and management of airworthiness directives (ADs). Specifically, section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This authority is further clarified by subregulation 39.001(5) which states that ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and therefore, legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to appropriate States of Registry to maintain airworthiness. Additionally, the State of Registry has the duty to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as the State of Registry for Australian aircraft, must issue ADs as required to meet these obligations and ensure that aircraft meet safety standards.
The Civil Aviation Act 1988 and the associated regulations establish that any breach of an AD can lead to serious consequences. Although the specific offences and penalties are not detailed in the text, it is implied that non-compliance with an AD can result in significant legal repercussions, as ADs are designed to ensure the safety of air navigation. The cancellation of an AD, such as AD/PA-25/38 affecting Piper PA-25 aircraft, does not necessitate public consultation or a Regulatory Impact Statement, but it is made under the authority of the Act and Regulations, highlighting the seriousness of adhering to these directives. The consequences of not complying with an AD could include grounding of aircraft, legal action, and severe penalties, though the exact nature of these penalties is not specified within the provided text.